ERSKIN ALFONZO WILLIAMS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
Explore caselaw by topic → Browse Notice And Opportunity To Be Heard cases and more on FLexlaw
PETERSON, Judge.
Williams pleaded nolo contendere and reserved the right to appeal. We affirm the conviction because the lower court properly denied Williams’ motion to suppress. The only meritorious issue raised by Williams, who was declared indigent by the trial court, concerns the order imposing payment of costs as a condition of community control. At the sentencing hearing, the court imposed costs and fees totaling $1,126. On the authority of State v. Beasley, 580 So. 2d 139 (Fla.1991), we also affirm the portion of the order imposing costs pursuant to the requirements of sections 960.20, 943.25, and 27.3455(1), Florida Statutes. We reverse the balance of the costs imposed because the amounts of those costs are not liquidated in the statutes authorizing them, i.e., sections 27.56 and 939.01. As to those costs, the defendant was not afforded adequate notice and opportunity to be heard. Bull v. State, 548 So. 2d 1103 (Fla.1989). The reversal is without prejudice to the state to seek reimposition of such costs after Williams has been given adequate notice and opportunity to be heard on the matter. AFFIRMED in part; REVERSED in part.
DAUKSCH and COBB, JJ, concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Morris v. State, 642 So. 2d 586 (Fla. 5th DCA 1994)…5th DCA 1994), rev. denied, 640 So. 2d 1109 (Fla.1994). This reversal is without prejudice to the state to seek reimposition of such costs after Morris has been given adequate notice and opportunity to be heard on the matter. See Williams v. State, 580 So. 2d 326 (Fla. 5th DCA 1991). If the trial court does reimpose such costs on remand, the trial court shall reference the statutory authority for the imposition of such costs. AFFIRMED in part; REVERSED in part; REMANDED. HARRIS, C.J., and PETERSON, J„ co…
-
Carolos Rodriguez v. State, 676 So. 2d 50 (Fla. 5th DCA 1996)…ot specifically mentioned at sentencing. The court only informed appellant that costs would be imposed in the amount of $355, without separating the mandatory from the discretionary costs. This cost must therefore be stricken. See Williams v. State, 580 So. 2d 326 (Fla. 5th DCA 1991). The trial court also imposed a public defender hen in the amount of $150 without informing appellant of his right to contest the amount, contrary to Florida Rule of Criminal Procedure 3.720(d)(1). See Bull v. State, 548 So. 2d…
-
Metevier v. State, 675 So. 2d 260 (Fla. 5th DCA 1996)…IN PART; REVERSED IN PART. PETERSON, C.J., and THOMPSON and ANTOON, JJ., concur. . There also is no indication that the costs imposed were part of Metevier's plea or that he was given prior notice that they would be imposed. See Williams v. State, 580 So. 2d 326 (Fla. 5th DCA 1991).…
Authorities Cited
- State v. Beasley, 580 So. 2d 139 (Fla. 1991)
- Bull v. State, 548 So. 2d 1103 (Fla. 1989)